Civil Procedure Code, 1908, Order 2, Rule 2 -- Scope - (i) The provision insists upon to include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action put in suit - (ii) A plea under O.2 R.2 of Code can not be made out except on proof of plaint in the previous suit the filing of which is said to create a bar - Without placing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Director - Tendered his resignation prior to issuance of cheque - Not liable for the offence committed by company - Order of issuance of process against Director quashed and set aside...........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - Appellate Court to interfere only when there are compelling and substantial reasons for doing so - If the impugned judgment is clearly unreasonable and relevant and convincing materials have been unjustifiably eliminated in the process, it is a compelling reason for interference...........
Service -- Ad hoc employee - Regularization of service - High Court directed that appellant's case be considered on following the criteria as per applicable rules and that while considering appellant for selection process, past service rendered by him be given due weightage and further directed that he was not to be denied regularization on the ground that he has become..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165, Indian Penal Code, 1860, Section 376(2)(c) -- Rape - Retarded woman - Case registered on report forwarded by Superintendent and Principal of Retarded and Child Rehabilitation Home - Statement of prosecutrix recorded by Magistrate under section 164 Cr.P.C. - Prosecutrix not examined during trial -..........
Civil Procedure Code, 1908, Section 151 -- Inherent power of Court - (a) The inherent power of a court is in addition to and complimentary to the powers expressly conferred under the Code; (b) The inherent power available under section 151, Civil Procedure Code is not controlled by any other provisions of the Civil Procedure Code; (c) The inherent powers cannot be invoked..........
Punjab State Election Commission Act, 1994, Section 89 -- Improper rejection of invalid votes as valid votes - Bungling in counting process - Tempering of ballot papers after counting - Election void - Election of Sarpanch - Returned candidate manipulated counting process and secured illegal gain at the time of counting in collusion with Presiding Officer - Election..........
Punjab State Election Commission Act, 1994, Section 41, 87 -- Covering candidate - Rejection of nomination papers - Election of Sarpanch - Three candidates filed nomination papers - Two candidates husband & wife - Nomination papers of husband rejected - Wife & other candidate contested election - Wife defeated - Election Petition by husband - Both husband and wife could..........
Punjab Land Revenue Act, 1887, Section 34 -- Mutation - Nature and scope - Mutation is process of updating revenue record - It does not confer ownership rights on any person - Sanctioning authority has either to reject mutation or to sanction same with or without amendment - Mutation cannot be kept in a suspended animation - Mandatory for revenue officer to sanction..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Section , Order 22, Rule 4, Limitation Act, 1963, Section 21(1) -- Suit against dead person - Bonafide Mistake - Suit for declaration - Correction of error - Process serving agency reported death of one of the defendant - Application under O22 R 4 read with O1 R10 impleading LR's of deceased..........
